COMMERCIAL CONTRACT OF SALE
THE CONTRRACTING PARTIES
The company....................residing at........................telephone number..................., fax.................registered with the Trade Registry of Bucharest, under no. J40//, CUI ..............., possessing the account number ..................from the bank......................., represented by Mr./Mrs.............., in capacity of SALES-PERSON and
The company.................., residing at................., telephone number........, fax,................e-mail................., registered with the Trade Registry of Bucharest, under no. J40//, CUI.......... possessing the account number ..................from the bank......................., represented by Mr./Mrs.............., in capacity of BUYER.
have agreed to enter into this commercial contract of sale under the following terms:
OBJECT OF THE CONTRACT
Art.1 the sales-person shall sell, and the buyer shall buy ..............................(the goods stipulated in annex 1 which comprise their individu 919c26j al description, the quantities, qualities, prices, delivery and value terms, as the parties have agreed upon.)
Art.2. the trade of goods representing the object of this contract is made by respecting the terms stipulated in the licence no. .....on...., issued by ...(certificate no......., on ........issued by...., etc. ))
Art.3. the sales-person and the buyer are to notice each other saying the truth about the goods destination, their utility, and the precautions implied by their utility, the buyer shall respect the use instructions of the goods.
and notices the buyer about the obligation of respecting the following restrictions of use: ...........................
Ioana Turcea
III Packaging, marking, labelling and stamping of the goods
Art 4: The seller shall pack the goods in proper packaging that shall meet the requirements of transportation in such a way as not to cause damage to the buyer.
The goods are sold together with the packaging, which will become the buyer's property. The price of the goods also includes the cost of packaging.
Art 5. the seller shall give the goods marked, labelled and stamped according to legal requirements and cautions that are imposed regarding to the safety of the goods, etc
IV The reception, billing and transportation of the goods
Art6. The seller shall give and the buyer shall receive the goods at the delivery terms as specified in appendix 1.
If the seller does not deliver the goods at the due delivery terms, he shall bear penalties for being late or for the non-delivery of... per cent per day of delay, calculated at the value of the undelivered goods.
If the buyer does not take over the goods at the due delivery dates stipulated in Appendix 1 of this contract, he shall pay penalties of . per cent per day of delay, calculated at the value of the goods that have not been taken over.
Art 7. The goods shall be taken and transported from the storehouse belonging to ..at the address...
The transportation of the goods and transport expenses are borne by the...
The transportation means are:
The loading and unloading expenses shall be borne by the..
Art 8: the qualitative and quantitative reception of the goods shall be made by the legal representative ...residing at.. from. and shall be noted in the minutes of qualitative and quantitative taking over, which shall be dated, signed and stamped by the legal representatives of both parties.
In case of broken goods, the qualitative and/or qualitative faults, the seller shall replace the inadequate goods and/or complete quantitative faults.
Maria Chefneux
Art. 9.
The vendor shall hand over upon the delivery of the merchandise the following documents: minute of taking over of the merchandise, signed, dated and stamped invoice by both parties, notifications, necessary certificates (quality, guarantees, phytosanitary, technical instructions, use instructions, prospectuses, analysis bulletins etc.)
Art. 10.
Upon the taking over of the merchandise,the vendor passes over to the buyer the property and the risks of the merchandise
V. PRICE, INSTRUMENTS OF PAYMENT, PENALTIES
Art. 11 The buyer shall pay the prices as negotiated, agreed upon and stipulated in annex 1 of the contract.
Art. 12. The payment will be made according to the invoices issued by the vendor and signed by the buyer. To the price of the merchandise the tax on added value was attached.
Art. 13. The buyer shall deduct each invoice within ....days from the issuing date, this representing the due date of payment.
If the buyer does not pay within the due date of payment, he will have to bear delay penalties of ...%per day of delay, calculated at the owed amount.
Art. 14. The instrument of payment preferred by the vendor is ....
Art. 15. The vendor may increase the price of the merchandise according to...
The vendor shall announce in writing the buyer with regard to the intention of increasing the prices and inform him about the increased price of the merchandise.
The buyer shall answer in writing in case he accepts or not these increased prices.
VI. GUARANTEES
Art. 16. The vendor shall ensure the buyer against total or partial eviction.
In case of total eviction, the vendor shall pay: the price, the fruits, the court expenses and the damages.
In case of partial eviction, the buyer will be entitled to ask for the canceling of the sale or its maintenance with the payment of damages.
Art. 17. The vendor ensures the buyer against apparent or hidden vices of the merchandise sold on a period of .....days/months, calculated from the date of the taking over of the merchandise, being responsible during the period of the guarantee offered.
Art. 18. The buyer is required to inform the vendor about the apparent vices after 2 days from the taking over of the merchandise and the hidden vices within 2 days from their discovery.
VII. RESPONSABILITIES OF THE PARTIES INVOLVED
This contract serves the mutual interest of the parties that shall carry it out accurately and entirely honestly.
Art. 20. Both parties shall monitor and inform each other about the proceedings of the contract.
Art. 21. Neither party can bring changes unilaterally to the present contract. The changes can be brought only after the consent of both parties.
Art. 22. The non-execution, the defective execution or the delayed execution of the commercial obligations assumed in this contract results for the guilty party into being accountable for according to the conditions of the Commercial Code together with the Civil Code.
CONTRACT OF
THE CONTRRACTING PARTIES
The company....................residing at........................telephone number..................., fax.................registered with the Trade Registry of Bucharest, under no. J40//, CUI ..............., account number ..................opened at.......................bank, represented by Mr./Mrs.............., in capacity of SELLER and
The company.................., residing at................., telephone number........, fax,................e-mail................., registered with the Trade Registry of Bucharest, under no. J40//, CUI.......... account number ..................opened at....................... bank, represented by Mr./Mrs.............., in capacity of BUYER.
have agreed to enter into this contract of sale under the following terms:
I. OBJECT OF THE CONTRACT
Art.1 the seller shall sell, and the buyer shall buy ..............................(the goods stipulated in annex 1 which comprises their individual description, the quantities, qualities, prices, delivery and value terms, as the parties have negotiated and agreed upon.)
Art.2. the trade of goods representing the object of this contract is made by respecting the terms stipulated in the license no. .....on...., issued by ...(certificate no......., on ........issued by...., etc. ))
Art.3. the seller and the buyer shall notify each honestly regarding the destination of the goods, their utility, and the precautions resulting from their use, the buyer shall respect the instructions for use of the goods.
The seller claims that the goods satisfy the buyer's needs for ............
and notifies the buyer about the obligation of respecting the following restrictions of use: ............
III Packing, marking, labeling and stamping of the goods
Art 4: The seller shall pack the goods in proper packing in order to meet the requirements of transportation in such a way as not to cause damage to the buyer.
The goods are sold together with the packing, which will become the buyer's property. The price of the goods also includes the cost of packing.
Art 5. The seller shall deliver the goods marked, labeled and stamped according to legal requirements and cautions that are imposed regarding to the safety of the goods, etc
IV The taking over, billing and transportation of the goods
Art6. The seller shall deliver and the buyer shall take over the goods according to the delivery terms as specified in annex 1.
If the seller fails to deliver the goods at the due delivery terms, he shall bear penalties for being late or for the non-delivery of... per cent per day of delay, calculated at the value of the undelivered goods.
If the buyer does not take over the goods at the due delivery terms stipulated in annex 1 of this contract, he shall pay penalties of . per cent per day of delay, calculated at the value of the goods that have not been taken over.
Art 7. The goods shall be taken and transported from the storehouse belonging to ..at the address...
The transportation of the goods and transport expenses are borne by the...
The transportation means are:
The loading and unloading expenses shall be borne by the..
Art 8: the qualitative and quantitative taking over of the goods shall be made by the legal representative ...residing at.. from. and shall be noted in the minutes of qualitative and quantitative taking over, which shall be dated, signed and stamped by the legal representatives of both parties.
In case of damaged goods, the qualitative and/or qualitative faults, the seller shall replace the inadequate goods and/or complete quantitative faults.
Art. 9.
The seller shall hand over upon the delivery of the goods the following documents: minute of taking over of the goods, signed, dated and stamped invoice by both parties, notifications, necessary certificates (quality, guarantees, phytosanitary, technical instructions, instructions for use, prospectuses, analysis bulletins etc.)
Art. 10.
Upon the taking over of the goods, the seller passes over to the buyer the property over the goods and the risks
V. PRICE, INSTRUMENTS OF PAYMENT, PENALTIES
Art. 11 The buyer shall pay the prices as negotiated, agreed upon and stipulated in annex 1 of the contract.
Art. 12. The payment will be made according to the invoices issued by the seller and signed by the buyer. The price of the goods includes the value added tax.
Art. 13. The buyer shall deduct each invoice within ....days from the issuing date, this representing the due date of payment.
If the buyer does not pay within the due date of payment, he will have to bear delay penalties of ...%per day of delay, calculated at the owed amount.
Art. 14. The instrument of payment preferred by the seller is ....
Art. 15. The seller may increase the price of the goods according to...
The seller shall announce in writing the buyer with regard to the intention of increasing the prices and inform him about the increased price of the goods.
The buyer shall answer in writing in case he accepts or not these increased prices.
VI. GUARANTEES
Art. 16. The seller shall ensure the buyer against total or partial eviction.
In case of total eviction, the seller shall pay: the price, the fruits, the court expenses and the damages.
In case of partial eviction, the buyer will be entitled to ask for the canceling of the sale or its maintenance with the payment of damages.
Art. 17. The seller ensures the buyer against apparent or hidden vices of the goods sold on a period of .....days/months, calculated from the date of the taking over of the goods, being responsible during the period of the guarantee offered.
Art. 18. The buyer is required to inform the seller about the apparent vices after 2 days from the taking over of the goods and the hidden vices within 2 days from their discovery.
VII. RESPONSABILITIES OF THE PARTIES INVOLVED
This contract serves the mutual interest of the parties that shall carry it out accurately and entirely honestly.
Art. 20. Both parties shall monitor and inform each other about the proceedings of the contract.
Art. 21. Neither party can bring adjustments unilaterally to the present contract. The adjustment can be brought only after the consent of both parties.
Art. 22. The non-execution, the defective execution or the delayed execution of the commercial obligations assumed in this contract results for the guilty party into being accountable for according to the conditions of the Commercial Code together with the Civil Code.
VII. RĂSPUNDEREA PĂRŢILOR CONTRACTANTE
Art.19. Prezentul înscris serveste interesul comun al partilor care se obliga sa-l execute întocmai si întrutotul cu buna credinta, sinceritate si seriozitate.
Art. 20 Ambele parti se obliga sa urmareasca si sa se informeze reciproc asupra derularii contractului.
Art.21 Nici o parte nu poate modifica unilateral prezentul contract. Modificarea poate interveni numai prin acordul de vointa exprimat al partilor.
Art.22 Neexecutarea, executarea defectuoasa sau executarea cu întârziere a obligatiilor comerciale asumate în prezentul contract angajeaza pentru partea în culpa raspunderea în conditiile Codului Comercial completat cu Codul Civil.
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